Groslouis v. Northcut
Multnomah County Circuit Court, Oregon
This is an action of ejectment for the north half of a parcel of land known as the Petit land claim. The' plaintiff was formerly the wife of Hubert Petit, but he obtained a decree of divorce against ber in a suit commenced in T857. Prior to that time Hubert Petit and his said wife were settled upon said land claim, and in 1871 a patent was issued in pursuance of their settlement and claim, granting to the said Hubert Petit the south half of said land claim, “and unto bis…
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This is an action of ejectment for the north half of a parcel of land known as the Petit land claim. The' plaintiff was formerly the wife of Hubert Petit, but he obtained a decree of divorce against ber in a suit commenced in T857. Prior to that time Hubert Petit and his said wife were settled upon said land claim, and in 1871 a patent was issued in pursuance of their settlement and claim, granting to the said Hubert Petit the south half of said land claim, “and unto bis wife, tbe said Emerance Petit, an 1 to ber heirs, tbe north half.” Tbe plaintiff claims title under this patent. Tbe…
1Opinion of the Court
Upton, J.,
delivered tbe following opinion:
Tbe plaintiff having introduced a patent from tbe United States, tbe burden of proof is on tbe defendant; and tbe questions to be determined relate principally to tbe admissibility and” to tbe effect of tbe proofs offered by tbe defendant.
Tbe first point made in tbe plaintiff’s brief, if sustained, *397would bo a conclusive objection to all the defendant’s evidence, and to the facts set up in the answer.
This point is, that the legal title remained in the United States until the patent issued in 1871, and that up to that time neither the plaintiff nor any…
2Cases cited10 opinions
- Polk's Lessee v. WendalSupreme Court of the United States · 1815
- Green v. LiterSupreme Court of the United States · 1814
- Doe Ex Dem. Patterson v. WinnSupreme Court of the United States · 1826
- Rutherford v. Greene's HeirsSupreme Court of the United States · 1817
- Doll v. MeadorCalifornia Supreme Court · 1860
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Northcut v. LemeryOregon Supreme Court · 1880
- Hall v. RussellU.S. Circuit Court for the District of Oregon · 1875